(iv) that the Electoral Advisory Committee
including its Director of Elections has by its
confbsion and incompetence contravened
virtually all statutory duties imposed on them
by the Representation of the People act and
the Constitution of Jamaica in the exercise of
their fbnctions which as a consequence has
adversely affected the conduct of Elections in
every Constituency, hence their position on
the Constituted Authority is hereby
challenged and is subject to Judicial Review.
that the Electoral Advisory Committee
(v)
reports to Parliament and is paid fiom the
Consolidated Fund so that their position on
the Constituted Authority is open to challenge
and hence Judicial Review."
,
.
The first of these grounds was, as stated, virtually a non-ground. It was, on any view, no
more than a bald statement of fact. The second ground overlooked the fact that the
amending Acts of 1997 effected structural changes to the principal Acts in creating a new
C:
regime and a new procedure for voiding the taking of a poll at an election. It is this new
procedure which is now being followed by the Constituted Authority. It is wholly
different fiom the procedure to be adopted upon the presentation of an election petition.
As such it is not subject to the provisions of section 4 (d) of the Election Petitions Act
which prescribes the payment of security for costs as a pre-requisite for prosecuting an
election petition. The third ground was wholly misconceived. It was replete with
irrelevancies and completely missed the whole character and intent of the exercise upon
which this court was embarked. So, inevitably, the preliminary objection failed.
(,-'
Thereafter, Mr. Robinson for the applicant pointed the court to affidavitevidence
which revealed events that occurred at polling divisions Nos. 23, 49, 56, 57, 58, 64, 71